Knives Act 1997

5 Supplementary powers of entry, seizure and retention. U.K.

(1) If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—

(a) that a person (“the suspect”) has committed an offence under section 1 in relation to knives of a particular description, and

(b) that knives of that description and in the suspect’s possession or under his control are to be found on particular premises,

the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the knives and seize and remove any that he finds.

(2) If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—

(a) that a person (“the suspect”) has committed an offence under section 2 in relation to particular material, and

(b) that publications consisting of or containing that material and in the suspect’s possession or under his control are to be found on particular premises,

the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the publications and seize and remove any that he finds.

(3) A constable, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.

(4) Any knives or publications which have been seized and removed by a constable under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.

(5) For the purposes of this section, proceedings in relation to a suspect are concluded if—

(a) he is found guilty and sentenced or otherwise dealt with for the offence;

(b) he is acquitted;

(c) proceedings for the offence are discontinued; or

(d) it is decided not to prosecute him.

(6) In this section “premises” includes any place and, in particular, any vehicle, vessel, aircraft or hovercraft and any tent or movable structure.

Modifications etc. (not altering text)

C1 S. 5(2) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 paras. 63 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a)

C2 S. 5(4) applied (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 57(1)(l), 138(2) (with s. 57(4)); S.I. 2003/708, art. 2(a)